Eugene C. Turner, Court Filings, Documents

8/9/2019 Eugene C. Turner, Court Filings, Documents

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Home/ Records Search / Court Records / Public Inquiry / Search Results - ALL / Case - 112009CC0026170001XX

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Case Information Printer Friendly Version

Style: GRANADA CONDO HOMES INC vs BUSSE, J R

Uniform Case Number: 112009CC0026170001XX Filed: 08/14/2009

Clerks Case Number: 0902617CC

Court Type: COUNTY CIVIL Disposition Judge:

Case Type: LIEN FORECLOSURES Disposed:

Judge: TURNER, EUGENE C Reopen Reason:

Case Status: OPEN Reopened:Next Court Date: Reopen Close:

Last Docket Date: 07/23/2010 Appealed:

Parties

Dockets

Events

Financials

1 of 2 pages. Entries per page: 80

Date Text All Entries

08/13/2009 NOTICE OF LIS PENDENS

08/13/2009 CORRESPONDENCE FROM COUNSEL TO CLERK

08/13/2009 CIVIL COVER SHEET

08/13/2009 COMPLAINT

08/13/2009 PAID $10.00 PER ISSUANCE OF SUMMONS $30.00

08/13/2009 MOTION TO APPOINT A RECEIVERTO COLLECT RENTS OR IN THE ALTERNATIVE PLACE RENTS IN THE REGISTRY OFTHE COURT

08/21/2009 SUMMONS ISSUEDJ R BUSSE/JANE DOE AS UNKNOWN SPOUSE/UNKNOWN TENANTS MAILED TOATTORNEY

08/25/2009 NOTIC E OF JOINDER OF JULIA N JACKSON & MOTION TO STRIKE

08/25/2009 MOTIO N EMERGENCY / BY DR JORG BUSSE

08/25/2009 NOTICE OF JOINDER/ DR JORG BUSSE

08/25/2009 NOTICE(EMERGENCY) OF FRAUD O N COURT & FRAUDULENT CLAIM BY DEFENDANT

J R BUSSE

08/25/2009 MOTIO N (EMERGENCY) TO STRIKE ASSOCIATION'S PLEADINGS BY PLAINTIFF

08/26/2009 NOTICE OF JOINDER O F ROBERT C SAMOUCE TO THIS ACTION

08/26/2009 NOTICE OF JOINDER O F KEVIN P GAFFNEY

08/26/2009 NOTIC E OF JOINDER OF ROBERT E MURELL TO THIS ACTIO N

08/26/2009 REQUEST FOR ADMISSIONS DIRECTED TO ROBERT E MURRELL

08/26/2009 NOTICEOF CONCLUSIVE EVIDENCE OF FRAUD ON THE COURT AND FRAUDULENT CLAIM/ACTION BY GRANADA CONDO HOMES ASSN INC BY DR JORG BUSSE

08/26/2009 REQUEST FOR ADMISSIONS DIRECTED TO JULIA N JACKSON

08/26/2009 MOTION TO COMPEL PRODUCTION OF ALL ASSOCIATION RECORDS

08/27/2009 MOTIONEMERGENCY PLAINTIFFS NOTICE OF JOINDER OF JOHN PIERRE VAN DONGEN TO

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7/27/2010 Public Inquiry

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THIS ACTION/MOTION TO STRIKE ASSOC PLEADINGS AS SHAM

08/27/2009 MOTION& NOTICE OF PUBLICATION OF P LAINTIFF CR OSS CLAIMANTS CONCLUSIVEEVIDENCE OF FRAUD ON THE COURT & FRAUDULANT CLAIM/ACTION BY GRANADA

08/27/2009 MOTION& NOTICE EMERGENCY FOR DISCLOSURE OF ASSOCIATIONS ACCOUNTING RECORDSBY ANY & ALL ACCOUNTING ENTITIES PURSUANT TO CH 718 FLA STAT

08/27/2009 REQUEST FOR ADMISSIONS TO JULIA N JACKSON

08/27/2009 MOTION TO COMPEL BY DR JORGE BUSSE

08/27/2009 NOTICEOF JOINDER OF JULIA N JACKSON/EMERGENCY MOTION TO STRIKE ASSOCIATION

PLEADINGS/NOTIC E OF ASSOCIATION FRAUD ON COURT08/27/2009 NOTICE

OF FRAUD AND FALSE PRETENSES OF NON PAYMENT OF CO NDO FEES/MEMORANDUMIN SUPPORT OF ASSOCIATION FRAUD ON COURT

08/27/2009 NOTICEOF JOINDER OF JULIA N JACKSON/EMERGENCY MOTION TO STRIKE/NOTICE OFFRAUD

08/31/2009 AFFIDAVIT O F NON-SERVICE OF SUMMONS DR JOR GE R BUSSE

08/31/2009 AFFIDAVIT O F NON-SERVICE OF SUMMONS DR JOR GE BUSSE

12/11/2009 AFFIDAVIT O F NON-SERVICE OF SUMMONS JANE DOE

12/11/2009 AFFIDAVIT O F NON-SERVICE OF SUMMONS JR BUSSE

12/11/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS UNKNOW N TENANT

01/29/2010 AFFIDAVIT OF DILIGENT SEARCH/CONSTRUC TIVE SERVICEJR BUSSE/JANE DOE AS UNKNOWN SPOUSE OF JR BUSSE/UNKNOWN TENANTS

01/29/2010 MOTIONFOR APPOINTMENT OF GUARDIAN ATTORNEY AND ADMINISTRATOR AD LITEM BYGRANADA CO NDO HOMES INC

02/08/2010 NOTICE OF SERVICEOF MOTIONS & OBJECTIO NS 02/01/2010 UP ON HONORABLE MICHAEL J PRO VOST

02/08/2010 NOTICEOF PLAINTIFF'S FRAUDULENT LIEN/OBJECTIONS TO PLAINTIFF'S MOTION &AFFIDAVIT/MOTIONS TO DISMISS & FOR SANCTIONS BY DR JORG BUSSE

02/08/2010 NOTICEOF PLAINTIFF'S FRAUDULENT LIEN/OBJECTIONS TO PLAINTIFF'S MOTION &AFFIDAVIT/MOTIONS TO DISMISS & FOR SANCTIONS BY DR JORG BUSSE

02/08/2010 MOTION FOR SANCTIONS BY DR JORG BUSSE

02/08/2010 PLAINTIFF FRAUD & FORGERY-EVIDENCE OF BY DR JORG BUSSE

02/08/2010 NOTICEOF PREVIOUS FILING OF BUSINESS RECORDS & EVIDENCE OF FRAUD BYDR JOR G BUSSE

02/08/2010 NOTICE OF FILINGOF BUSINESS RECORDS AND EVIDENCE OF DEFENDANT'S FRAUDULENT ACCOUNTING

02/08/2010 NOTICE OF PLAINTIFF FRAUD / FILED BY DR JORG BUSSE

02/08/2010 NOTICEOF PLAINTIFF'S FRAUD AND FRAUD ON COURT / FILED BY DR JORG BUSSE

02/11/2010 ORDER O F REASSIGNMENT TO EUGENE C TUR NER

02/11/2010 CORRESPONDENCE FROM COUNSEL TO JUDGEWITH C OPY OF MOT ION TO APPOINT GUARDIAN ATTORNEY & ADMINISTRATORAD LITEM

02/11/2010 ORDER OF RECUSAL OF JUDGE MICHAEL J PROVOST S/PROVOST 02/11/10

02/15/2010 ORDER APPO INTING ATTORNEY AD LITEM, GUARDIAN AD LI

02/16/2010 MOTIO N TO DISMISS AS FRADULENT & FRIVOLOUS AND FOR EXPENSES

02/16/2010 NOTICE OF SERVICEOF MOTION UPON REASSIGNED JUDGE EUGENE C TURNER/MOTION TO DISMISSAS FRADULENT AND FRIVOLO US AND FOR EXPENSES

02/16/2010 NOTICEOF PLAINTIFFS FRAUD ON THE COURT NOTICE OF SERVICE OF MOTIO NS UPONREASSIGNED JUDGE MOTION TO DISMISS AS FRADULENT & FRIVOLOUS & EXPENSES

02/16/2010 NOTICEOF PLTS FRAUD ON THE COURT NOTIC E OF SERVICE OF MOT IONS UPON REASSIGNJUDGE/MOTION TO STRIKE PLAINTIFFS MOTION AS FRAUDULENT & SCANDALOUS

02/16/2010 NOTICEOF PLAINTIFF FRAUD ON THE COURT MOTIO N TO STRIKE PLAINTIFFS MOTION ASFRAUD & SCANDALOUS AND MOTION TO COMPEL SERVICE

02/17/2010 DEFENDANTDECLARATORY STATEMENTS IN SUPPO RT OF MO TION TO DISMISS THIS FRAUDULENT




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ACTION/DEFENDANT'S MOTION TO QUIET TITLE BY DR J R BUSSE

02/17/2010 NOTICE OF SERVICEOF P LEADINGS UPON REASSIGNED JUDGE EUGENE C TURNER BY DR JORG BUSSE

02/17/2010 MOTION TO QUIET TITLE BY DR J R BUSSE

02/17/2010 CORRESPONDENCE FROM JUDGE TO JR BUSSE

02/18/2010 NOTICE OF APPEAL ORDER RENDERED 2/15/10 CERTIFIED COPY 10-01-AP

02/18/2010 CORRESPONDENCE FROM DR JO RGE BUSSE RE NOTIC E OF APPEAL

02/18/2010 AFFIDAVITBY JORG BUSSE MD MBA MM IN SUPPO RT O F MOTIO N TO DISMISS, QUIET TI TLE,RELEASE LIEN & OF FRAUD ON THE COURT & PERJURY BY PLAINTIFF & COUNSEL

02/18/2010 MOTION(EMERGENCY) FOR REVIEW OF CASE FILE & NOTICE OF DEMAND FOR JURY TRIAL

02/19/2010 NOTICE OF SERVICEOF NOTICE OF APPEAL UPON REASSIGNED JUDGE EUGENE TURNERRECEIVED BY JUDGE TURNER FEB 18, 2010

02/22/2010 CORR ESPONDENCE FROMAPPEAL CLERK TO JUDGE TURNER NOTICE OF FILING APPEAL OF FINAL ORDER

02/22/2010 UNDELIVERED MAILJ R BUSSE & JANE DOE/ORDER OF REASSIGNMENT S/P IVACEK 2/10/10

02/22/2010 UNDELIVERED MAILUNKNOW N TENANTS/ORDER OF REASSIGNMENT S/PIVACEK 2/10/10

02/23/2010 NOTIC E OF SERVICE OF EMERGENCY MOTIONS UPON REASSIGNED JUDGE

02/23/2010 MOTION EMERGENCY FOR P UBLIC RECORD ACCESS

02/25/2010 NOTICE OF SERVICE

02/25/2010 MOTIONFOR SCHEDULING OF HEARING OF MOTIONS AND NOTICE OF UNAVAILABILITY2/24/10

02/26/2010 NOTICE OF SERVICEDEMAND FOR JURY TRIAL/NOTICE OF SERVICE OF MOTION/MOTION FORSCHEDULING/NOTICE OF UNAVAILABITY /BUSSE

03/02/2010 NOTIC E OF PUBLICATIONS/ DEMAND FOR JURY TR IAL

03/03/2010 MOTION FOR JUDICIAL NOTICEOF PUBLICLY RECORDED ASSOCIATION BY LAWS & DECLARATION OF C ONDOMINIUM& IN SUPPO RT OF MOT IONS TO DECLARE TITLE/DEMAND JURY TRIAL BY DR BUSSE

03/03/2010 DECLARATION OF TAKING& PUBLIC RECORD EVIDENCE IN SUPPORT OF NULL & VOID LIEN & MOTION TODECLARE SUBJECT TITLE AUTOMATICALLY QUIETED/DEMAND JURY TRIAL

03/10/2010 NOTICE OF HEARING 4/5/10 11:00 PENDING MOTIONS

03/31/2010 SUMMONS ISSUEDJ R BRUSSE/ UNKNOWN SPOUSE/ HANDED TO PLAINTIFFS ATTORNEY AT COUNTER

04/05/2010 NOTICE OF SERVICEMOTION TO DISMISS BECAUSE OF DEFENDANT'S FRAUD ON THE COURT/MOTION FORACCESS TO CASE FILE PRIOR TO HEARING & SERVICE OF NOTICE OF HEARING

04/05/2010 MOTION TO DISMISSBECAUSE OF DEFENDANT'S FRAUD ON THE COURT/MOTION FOR ACCESS TO CASEFILE PRIOR TO HEARING/SERVICE OF NOTICE OF HEARING BY PLAINTIFF

04/05/2010 MOTION TO DISMISSBECAUSE OF DEFENDANT'S FRAUD ON THE COURT/MOTION FOR ACCESS TO CASEFILE PRIOR TO HEARING & SERVICE OF NOTICE OF HEARING BY PLAINTIFF

04/05/2010 NOTICEOF PUBLISHED "RIPOFF REPOR T" REGARDING FRAUD ON COUR T BY PLAINTIFF'SATTORNEYS IN SUPPORT OF MOTION TO DISMISS ON DEFENDANTS FRAUD ON COURT

04/05/2010 MOTION TO DISMISS

BECAUSE OF DEFENDANTS FRAUD ON THE COURT/MOTION TO ACCESS TO CASE FILEPRIOR TO HEARING & SERVICE OF NOTICE OF HEARING BY PLAINTIFF ASSOCIATI

04/05/2010 MOTIONFOR ACCESS TO CASE FILE PRIOR TO HEARING & SERVICE OF NOTIC E OFHEARING UNDER THE RULES BY JORGE R BUSSE MD MM MBA

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2JS 44 (Rev. 12/07) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as pry local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of inhe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for P(For Diversity Cases Only) and One Box for Defendant

u 1 U.S. Government u 3 Federal Question PTF DEF PTF D

Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated orPrincipal Place u 4

of Business In This State

u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated andPrincipal Place u 5

Defendant(Indicate Citizenship of Parties in Item III)

of Business In Another State

Citizen or Subject of a u 3 u 3 Foreign Nation u 6

Foreign Country

V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTE

u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 610 Agriculture u 422 Appeal 28 USC 158 u 400 State Reapportionm

u 120 Marine u 310 Airplane u 362 Personal Injury - u 620 Other Food & Drug u 423 Withdrawal u 410 Antitrust

u 130 Miller Act u 315 Airplane Product Med. Malpractice u 625 Drug Related Seizure 28 USC 157 u 430 Banks and Banking

u 140 Negotiable Instrument Liability u 365 Personal Injury - of Property 21 USC 881 u 450 Commerce

u 150 Recovery of Overpayment u 320 Assault, Libel & Product Liability u 630 Liquor Laws PROPERTY RIGHTS u 460 Deportation

& Enforcement of Judgment Slander u 368 Asbestos Personal u 640 R.R. & Truck u 820 Copyrights u 470 Racketeer Influence

u 151 Medicare Act u 330 Federal Employers Injury Product u 650 Airline Regs. u 830 Patent Corrupt Organizatio

u 152 Recovery of Defaulted Liability Liability u 660 Occupational u 840 Trademark u 480 Consumer Credit

Student Loans u 340 Marine PERSONAL PROPERTY Safety/Health u 490 Cable/Sat TV

(Excl. Veterans) u 345 Marine Product u 370 Other Fraud u 690 Other u 810 Selective Service

u 153 Recovery of Overpayment Liabil ity u 371 Truth in Lending LABOR SOCIAL SECURITY u 850 Securities/Commod

of Veterans Benefits u 350 Motor Vehicle u 380 Other Personal u 710 Fair Labor Standards u 861 HIA (1395ff) Exchange

u 160 Stockholders Suits u 355 Motor Vehicle Property Damage Act u 862 Black Lung (923) u 875 Customer Challenge

u 190 Other Contract Product Liability u 385 Property Damage u 720 Labor/Mgmt. Relations u 863 DIWC/DIWW (405(g)) 12 USC 3410

u 195 Contract Product Liability u 360 Other Personal Product Liability u 730 Labor/Mgmt.Reporting u 864 SSID Title XVI u 890 Other Statutory Acti

u 196 Franchise Injury & Disclosure Act u 865 RSI (405(g)) u 891 Agricultural Acts

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 740 Railway Labor Act FEDERAL TAX SUITS u 892 Economic Stabilizat

u 210 Land Condemnation u 441 Voting u 510 Motions to Vacate u 790 Other Labor Litigation u 870 Taxes (U.S. Plaintiff u 893 Environmental Mat

u 220 Foreclosure u 442 Employment Sentence u 791 Empl. Ret. Inc. or Defendant) u 894 Energy Allocation A

u 230 Rent Lease & Ejectment u 443 Housing/ Habeas Corpus: Security Act u 871 IRSThird Party u 895 Freedom of Informa

u 240 Torts to Land Accommodations u 530 General 26 USC 7609 Act

u 245 Tort Product Liability u 444 Welfare u 535 Death Penalty IMMIGRATION u 900Appeal of Fee Determ

u 290 All Other Real Property u 445 Amer. w/Disabilities - u 540 Mandamus & Other u 462 Naturalization Application Under Equal Access

Employment u 550 Civil Rights u 463 Habeas Corpus - to Justice

u 446 Amer. w/Disabilities - u 555 Prison Condition Alien Detainee u 950 Constitutionality of

Other u 465 Other Immigration State Statutes

u 440 Other Civil Rights Actions

V. ORIGINTransferred fromanother district(specify)

Appeal to DJudge fromMagistrateJudgment

(Place an X in One Box Only)

u 1 OriginalProceeding

u 2 Removed fromState Court

u 3 Remanded fromAppellate Court

u 4 Reinstated orReopened

u 5 u 6 MultidistrictLitigation

u 7

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED IN

COMPLAINT:

u CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint

JURY DEMAND: u Yes u No

VIII. RELATED CASE(S)

IF ANY(See instructions):

JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

NITED STATES OF AMERICA EX REL. DR. JORG BUSSE ANDNNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE, JENNIFER

RANKLIN PRESCOTT, STATE OF FLORIDA EX REL. DR. JORG BUSS

R. JORG BUSSE AS PRIVATE ATTORNEY GENERAL, JENNIFERRANKLIN PRESCOTT AS PRIVATE ATTORNEY GENERAL,

UNITED STATES OF AMERICA, UNITED STATES COURTS,UNITED STATES CUSTOM & IMMIGRATION SERVICE, TONWEST, BEVERLY B. MARTIN, JOHN EDWIN STEELE, RYAN

WASHINGTON, D.C

U.S. ATTORNEY GENERAL

18USC1964,18USC1961-1968,18USC1341,4th,7th,14th,1st,5th,11th U.S. Const.Amend. Civil Rights Ac

Racketeering/Civil RICO, Corruption, Obstruction of Justice, Extortion of Property & Money; 4th, 7th, 14th, 1s

19,000,000.00

07/27/2010 PRIVATE ATTORNEY GENERALS /S/DR. J. BUSSE /S/J. FRANKLIN PRESCO


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The then-Orion Bank at the

northeast corner of

Goodlette-Frank Road and

Golden Gate Parkway/ KEN

LANE

Documents

Orion BancorpShareholders

NAPLES The collapse of Orion Bank in Naples left

behind a trail of angry investors.

Investors in the banks holding company ran the gamut,

from judges and attorneys to developers and accountants.

There are hundreds of them.

Many of the investors live in Naples or other parts of

Florida, including Key West, Sarasota and Gainesville.

Others come from states as far away as New York and

California.

An otherwise confidential list of shareholders in Orion

Bancorp Inc. has surfaced as part of a court action to sell

off the holding companys assets to pay off its debts in the

aftermath of the banks failure in November and takeover

by IberiaBank of Lafayette, La.

IberiaBank, a publicly traded bank, took over Orions

deposits and branches, but not its private shares.

There are 405 holders of private stock identified on Orion Bancorps registration list.Some names are repeated two or three times, with a different number of shares,

indicating multiple holdings.

Jerry Williams, Orions embattled ex-CEO, owned the

most shares 798,323.

The second-largest number of shares 613,994 were in

Orion Bancorps employee stock ownership plan with

401(k) benefits.

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Records: CEO Jerry Williams, Dave Wannstedt,judges among failed Orions investorsBy LAURA LAYDEN

Posted April 17, 2010 at 4:01 p.m.

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Jerry J. Williams, former

chairman of Orion Bank.

(Naples Daily News file)

Nine days before

Orion Bank closed

Our team is working

through the credit cycle

and doing a great job in

this difficult economy and

current regulatory

environment, he wrote in

an e-mail obtained by the

Daily News. The

economy has taken its

toll in all of the

communities where we do

business, but Orion is

preparing to take

advantage of new

opportunities. There are

positive signs of recovery

in our communities.

_ Memo from Jerry

Williams, CEO

Hundreds of bank employees, who counted on cashing out

their shares in retirement, could lose everything. They were

encouraged to invest in the holding companys stock.

For those who did invest, money came out of their

paycheck every two weeks to buy shares. Nine days

before the bank closed, Williams continued to give them reasons for optimism.

Our team is working through the credit cycle and doing a great job in this difficulteconomy and current regulatory environment, he wrote in an e-mai l obtained by the

Daily News. The economy has taken its toll in all of the communities where we do

business, but Orion is preparing to take advantage of new opportunities. There are

positive signs of recovery in our communities.

* * * * *

In October of last year, Williams told employees he planned to give them each a $100

Orion gift card, plus an additional vacation day in 2010, for the holidays, instead of

throwing the usual party.

It was a way to show his gratitude for their hard work.

Your contributions have made a tremendous impact to the growth of Orion, despite it

being a challenging year, Williams wrote.

The bank had about 260 employees.

The five other directors of Orion Bancorps board Earl

Holland of Fort Myers, Brian Schmitt of Marathon, James

Torok of Sarasota, Alan Pratt of Vero Beach and James

Aultman of Marathon were big investors in the holding

company. In the group, Holland had the most shares 273,136 making him the second-largest individual

shareholder after Williams.

Dave Wannstedt, a former coach of the Miami Dolphins

and head football coach at the University of Pittsburgh,

owned 71,008 shares.

Other recognizable investors from Naples include Michael

Kessous, founder and president of M.K. Developers Inc.;

retired Collier Circuit Judge Ted Brousseau; Collier

County Judge Eugene Turner, and Al Bateman, a

developer and president of Bateman Communities.

One investor, Michael M. Viechec Jr. of New York, had just

one share registered under his name.

I had 10,186 shares and that was going to be my sons

college education money, said Luc Christian Mazzini, one

of the many disappointed investors from Naples. I originally invested with Orion Bank,

which was called Gulf Coast National Bank, all the way back in 1996.

After Orion received a cease-and-desist order in September from regulators to address

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PHOTO BY MICHEL FORTIERBUY THIS PHOTO

Orion Bank is now gone,

closed by federal regulators

and reopened as IberiaBank.

Michel Fortier/Staff

its unsafe and unsound practices, Mazzini, a dentist, said he was reassured by a bank

executive that it was no big deal.

Even as the banks finances worsened, Orions parent company was out trying to raise

more money from investors.

The company sold at least $25 million in stock last year, with the first sale reported on

June 24, according to a filing with the U.S. Securities and Exchange Commission. The

buyers arent disclosed in the filing.

TMLS Heritage LLC, incorporated last June in Fort Lauderdale and managed by Mileto

Vincenzo, appears to be one of the latest investors. The company had 234,375 shares

when Orion failed.

Some investors remained private, registering their shares in the name of a depository

known as Cede & Co.

A trustee, Michael Polsky, has been appointed to liquidate Orion Bancorps assets. His

Miami attorney, Robert Schatzman, said he doesnt expect shareholders to get any

money because there arent enough assets to sell to cover the millions owed to

creditors.

Everybody who invested either through their pensions, or 401(k)s, or bought shares in

the private marketplace in the holding company lost money, he said. That money will

not be repaid.

I cant conceive of an opportunity that would provide for a distribution to shareholders,

Schatzman said.

Thats disappointing news to investors big and small.

I would like to get something. But I dont think its going to happen, said Leonard

Simons, an early investor from Miami.

Simons, 89, and his wife owned more than 8,000 shares in the holding company. Over

the years, they acquired more stock when they received shares instead of dividends.

The holding companys books and records still are being

analyzed in the hunt for assets. Those already identified

include two bank buildings, a corporate jet, small

investments in other companies and cash in several bank

accounts, Schatzman said.

We dont even think there is going to be enough assets to

pay off the first layers of debt, he said.

The holding company had nearly $100 million in debt,

which was used to help keep Orion Bank going as it

faltered on bad loans. Some of that borrowed money was

used to buy shares back from the open market to fund the

employee retirement plan, Schatzman said.

In February, M&I Bank won a $16.9 million judgment against Orion Bancorp for business

loans that werent paid back. Collateral for those loans included rights to the holding

companys corporate jet.

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M&I also had first priority security interest in all of Orion Bancorps deposit, operating

and other accounts.

FB Air Holdings Inc., an affiliate of Orion Bancorp, has filed for Chapter 11 bankruptcy

protection. It owns the corporate jet that Williams once used to fly around the state.

According to court records, the Piaggio Avanti P-180 business aircraft is valued at

nearly $3.8 million.

A balance sheet for FB Air, which still employs a pilot or two, shows it had total assets of

nearly $7.6 million on Oct. 31, 2009. All of its assets will be sold to help pay off creditors

of Orion Bancorp.

Like many banks locally and nationally, Orion was hit hard by bad loans. The bank lost

$75 million in the third quarter of last year before regulators swooped in to shut it down

on a Friday the 13th.

Orion had more than $250 million in non-performing construction and commercial loans,

which means borrowers werent making their payments.

Records show that it appears mismanagement also could have played a role in thebanks downfall.

Williams was ousted as the banks CEO days before regulators closed it.

Hes accused of lying to regulators and making the bank appear in better shape than it

was. In June of last year, regulators allege that he illegally loaned about $60 million to

straw borrowers, who were fronting for borrowers who already had hit their loan limit.

They say he knew $15 million from those loans would be used to buy stock in the banks

parent company and he lied about it to regulators.

According to regulators, the questionable loans also enabled the borrowers to buy

certain low-quality assets from Orion. The mystery borrowers never were identified.

Daniel Buhs, president and CEO of Vanderbilt Bay Construction Inc. in Naples, owned

17,371 shares in Orion.

Jerry made some bad decisions in the last few years that took the bank down, he said.

He should have sold the bank a few years ago and we all would have walked away as

millionaires.

Buhs was an early investor.

My shares split several times and I never took any distributions, he said. It all went

back into stock.

The bank chose to do some very unwise loans with some pretty big numbers, Buhs

said.

Im thoroughly disappointed, like all of us are. Jerry needs to be accountable for what he

has done, he said.

Helmut Schroeder, a 69-year-old retiree in Estero, had 11,584 shares.




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Documents

Cease-and-desistorder for OrionBancorp Inc.Orion Bank Order _Federal Reserve BankFDIC news release onOrion Bank

PHOTO BY MICHEL FORTIER

BUY THIS PHOTO

The Grey Oaks hom e of Jerry

J. Williams, former CEO of

Orion bank which was taken

over by the FDIC due to

alleged mismanagement.

The home's value is listed at

$4 million plus. Michel

Fortier/Staff

He and his ex-wife invested $50,000 each in the bank. From 2005 to 2007, when Orion

was doing really well, the holding company paid out cash dividends, he said.

One year, Schroeder said, he got $15,000 to $16,000 in dividends, and another year he

got $10,000. So he ended up with about half of his money back.

At one time, he said, shares were valued at about $20. Now theyre down to zero.

The people were always courteous and trustworthy and when they make money, hey you

believe in them, Schroeder said.

Founded in 1977, Orion grew to become one of the most successful community banks in

the nation, ranking in the top 1 percent in the country for its performance in 2002.

Before regulators closed the bank, it was hit with several

enforcement actions. The last, a cease-and-desist order,

called for Orion to increase its capital by no later than Nov.

20, 2009. The bank didnt last that long.

Before Orion failed, Williams was a well-respected banker

and community leader. He was named community bankerof the year by American Banker, a trade journal, in 2006.

In November, regulators swooped in to close Orion Bank. Williams was ousted from the

bank days before regulators closed it. No formal charges were brought.

In December, Williams put his 6-bedroom, 7-1/2 bathroom

estate in Grey Oaks up for sale. The selling price is

$6,499,000. The two-story home spans 8,384 square feet

and sits on 0.78 acres, according to the listing by Grey

Oaks Realty.

IberiaBank, a publicly traded bank, took over Orions

deposits and branches, but not its private shares

Jerry was quite a salesman, Schroeder said. He not only

made things look good, he could prove it.

In five years or so, Schroeder expected to have a nice

sum to take out and enjoy from his investment in Orion.

He doesnt think that will happen now.

I was hoping there might be a few bucks left for shareholders, Schroeder said. But its

doubtful.

Connect with Laura Layden at www.naplesnews.com/staff/laura_layden.

2010 Naples Dai ly News. All rights reserved. This material may not be published,

broadcast, rewritten or redistributed.

Recommend Be the first of your friends to recommend this.

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78/80

Comments 8

April 17, 2010

6:38 p.m.

Suggest removal

Reply to this post

chickendog writes:

Never had these problems with Bush!

Sadd for the good folks-

Just sue! or call obamy.

April 17, 2010

7:09 p.m.

Suggest removal

Reply to this post

Trexlerwrites:

Plundering & s tealing the money is onl y part of the equation,..all these noted

stockholders whom los t their ***, were just dupes and shill influence peddling

in various network areas s o that the bank could suck in more 'investors'..thetop 10% of mgt, directors should be charged crimina lly...just a bunch of bar

skanks...all this has been go ing on mos t of the country,..Palmer m ay have

been the first here but the previous biggest was Naples Federal laundering

gold with the fat guy Beards..on Broad Ave South/financing coke runs, etc..ah, I

love Naples...every f****** door has a seedy story...mostly, where shall I start?

April 17, 2010

7:35 p.m.

Suggest removal

Reply to this post

Davidh239 writes:

His pep talks will com e back to haunt him. It should be an open and shut case

of fraud.

April 18, 20108:06 a.m.

Suggest removal

Reply to this post

Naples2003 writes:All the posters are on the right track. I am certain that fraud/criminal charges

will be brought against the CEO and others. It is just a m atter of time for the

case to reach a critical mas s neces sary for an indictment. The failure of Orion

was no t simply due to the recession. Plenty of other banks failed in Florida and

around the country. What sets Orion apart is that it had a CEO lying to the FED,

illegally lending money to straw borrowers and then having them "invest" a

portion of the cash in Orion stock, which he knew was or was soon to be

worthless. This has got to be criminal.(by the way where is the res t of that $60

mil?)

Also, the dozens of the LLCs he had s et up with the same short list of

individuals listed as officers, for the sole purpose of sell ing foreclosed on

mortgages and LLCs were diss olved once a property was so ld.

So... lets see here-Orion is indis criminately lending money out to "comm ercial"

projects, the loans are NOT being repaid as the projects fail, as the money

New class-action lawsuit filed against Orion Bancorp Inc.

Former employees sue Orion Bank over lost retirement money

Ousted Orion Bank CEO Jerry Williams' $6.5 million mansion still up for sale

Former CEO of failed Orion Bank sued, accused of defaulting on $6M in loans

Related Stories

IberiaBank's Web site

Related Links

4,100 acres of land next to FGCU headed to public auction

More than 4,100 acres near FGCU to be sold in auction

Pay czar chose not to go afte r $1.6B in bank pay

Also in Business More

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should have not and was not lent out properly in the first place, the bank is

failing... Yet the CEO has all these LLC buying up p roperties/mortgages on the

cheap, and then selling them for a profit???

You tell me what all this is ? It ain't that hard to connect the dots! There is so

much more come....

April 18, 2010

9:31 p.m.

Suggest removal

Reply to this post

NaplesFly writes:

in response to chickendog:

Never had these problems with Bush!

Sadd for the good folks-

Just sue! or call obamy.

Chicken shi z.....what the hell does Bush have to do with this? If anything, this is

a class ic example of the real republican parties work. The republican party is in

place to protect corporate America and screw the comm on folk! They are s mart

in that they have all the common folk fooled with the whole religious

conservative thing and they blindly march to the beat.....asking no questions

and looking no further than the propaganda that is s pewed their way.

April 18, 2010

9:32 p.m.

Suggest removal

Reply to this post

NaplesFly writes:

I wonder if Jerry and Dave Wannstedt are still taking the corporate jet up to

Black Diamond for a round of golf? Ahhh....the good o l' days.

April 19, 2010

8:30 a.m.

Suggest removal

Reply to this post

Elephanttamerwrites:

At least President Obama didn 't have to do a FDR and call a "bank holi day" like

after the last big GOP fiasco in 1929.

April 19, 2010

8:32 a.m.

Suggest removal

Reply to this post

goodview writes:

"You gotta know when to hold em, know when fold them, know when to walk

away,know when to run"

The stock market is legalized gambling. Loosing money is always a possibility

when gambling. I own stock and I watch whats going on with the companies Iinvest in. They didn't or atleast not enough . Hard less on to learn. Real hard. If

laws were broken then those peop le need to be prosicuted to the fullest extent

of the law.




80/80

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